afta travel accreditation scheme (atas) · the australian federation of travel agents limited (acn...

Attachment A – ATAS Code of Conduct

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AFTA Travel Accreditation Scheme (ATAS)

Code of

Conduct

Revision 5

1 July2018


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Contents

1. ABOUT ATAS ......................................................................................................... 3

2. WHAT SERVICES ARE COVERED ............................................................................ 3

2.1 Aims of this Code ................................................................................................................................. 3

3. ATAS CODE OBLIGATIONS .................................................................................... 4

3.1 Code obligations .................................................................................................................................. 4

3.2 Service quality promise ....................................................................................................................... 4

3.3 Requirements under other laws .......................................................................................................... 5

3.4 Respecting your rights ......................................................................................................................... 5

3.5 Customers with special needs ............................................................................................................. 5

3.6 Customers in remote indigenous communities................................................................................... 5

3.7 Staff training and competency ............................................................................................................ 5

3.8 Getting a copy of this Code ................................................................................................................. 5

3.9 Reviewing and improving this Code .................................................................................................... 5

4. INFORMATION ABOUT OUR SERVICES .................................................................. 6

4.1 Terms and conditions .......................................................................................................................... 6

4.2 Changes to terms and conditions ........................................................................................................ 6

4.3 Copies of documents ........................................................................................................................... 7

4.4 Privacy and confidentiality .................................................................................................................. 7

5. RESOLVING COMPLAINTS AND DISPUTES ............................................................. 8

5.1 Our complaints handling process ........................................................................................................ 8

5.2 Handling your information .................................................................................................................. 8

5.3 Other avenues of dispute resolution ................................................................................................... 9

5.4 ATAS Complaints Escalation Process ................................................................................................... 9

5.5 Types of complaints accepted ............................................................................................................. 9

5.6 Resolving a complaint under ATAS .................................................................................................... 10

5.7 Outcomes of ATAS Complaints Escalation Process............................................................................ 12

5.8 Appeals to the ACCMC ...................................................................................................................... 12

5.9 ACCMC’s powers ............................................................................................................................... 12

6. DEFINITIONS AND INTERPRETATIONS ................................................................. 13


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1. ABOUT ATAS

The Australian Federation of Travel Agents Limited (ACN 001 444 275) (AFTA) has established the AFTA Travel Accreditation Scheme (ATAS).

ATAS is a voluntary scheme established to enhance travel industry standards and ensure the professionalism of the travel industry into the future.

This Code sets standards of good practice that travel agents accredited under ATAS must follow in their day-to-day practices.

Your ATAS accredited travel agent, along with the ATAS team and AFTA, are committed to increasing consumer awareness and understanding of this Code.

All information relating to ATAS, including this Code, the ATAS Charter, as well as a list of participating travel agents, is available on the ATAS website, www.atas.com.au.

2. WHAT SERVICES ARE COVERED

The Code applies to:

(a) Travel services we provide to you on or after our accreditation date; and

(b) Any actions we take on or after our accreditation date relating to travel services booked before that date.

The Code sometimes includes words highlighted in bold. These words are defined in the ‘Glossary of terms’ included at the end of this document.

2.1 Aims of this Code

This Code supports the overall objectives of ATAS by:

(a) Setting minimum standards of behaviour and service delivery for ATAS accredited travel agents, and providing for suitable consequences when these standards are not met;

(b) Holding all ATAS accredited travel agents to the same standard of behaviour, no matter where they are based;

(c) Establishing an independent process for assisting consumers and their ATAS accredited travel agents to resolve any complaints or disputes that might arise; and

(d) Building the professionalism of the travel agent industry into the future.

http://www.atas.com.au/


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3. ATAS CODE OBLIGATIONS

3.1 This Code sets out the obligations that ATAS accredited agents must adhere to.

3.2 Service quality promise

(a) In providing our services, we will:

(i) Advise you of any relevant options and alternatives to satisfy your travel requirements, taking into account your particular interests as well as our arrangements with our travel suppliers;

(ii) Be receptive to suggestions and feedback we receive;

(iii) Disclose all relevant information in a plain and easy-to-understand form;

(iv) Communicate with you and/or your authorised representative in a timely manner, whether this is in writing or by telephone;

(v) Monitor external developments affecting how we provide our services, including changes in regulation, codes of practice and other related matters;

(vi) Ensure that our products and services are fit for any disclosed purpose;

(vii) Act with due care and skill;

(viii) Not engage in any acts or omissions of a misleading or deceptive nature;

(ix) Act fairly and in a reasonable and ethical manner;

(x) Treat you with respect, consideration and courtesy and

(xi) comply with the Australian Consumer Law.

(b) In meeting our key commitments to you, we would greatly appreciate you:

(i) Being courteous and respectful in your dealings with us, as well as with our other

customers and suppliers;

(ii) Telling us if you need help to access or understand our products and services;

(iii) Providing sufficient information to help us understand your needs;

(iv) Listening carefully and communicating clearly; and

(v) Responding to our requests within a reasonable time.


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3.3 Requirements under other laws

(a) This Code applies in addition to any obligations created by other laws.

(b) We will comply with this Code except where doing so would lead to a breach of any other legal obligations (for example a privacy law).

3.4 Respecting your rights

This Code does not affect any other rights you may have under federal, state and territory laws.

3.5 Customers with special needs

We will take all reasonable measures to assist customers with a disability or who require additional help,

in accessing our travel services.

3.6 Customers in remote indigenous communities

If you are a member of a remote Indigenous community, we will take reasonable steps to:

(a) Make information about travel services that may be relevant to you available in an accessible manner and language;

(b) Ensure that staff members operating in a remote location are appropriately trained and have the requisite level of cultural awareness; and

(c) Consider any relevant Australian Commonwealth, State, Territory and local government programs that may be of assistance.

3.7 Staff training and competency

We will ensure our staff (along with our authorised representatives) will be appropriately trained so that

they:

(a) Are familiar with their obligations under this Code; and

(b) Can competently and efficiently perform their duties to the standard expected under ATAS.

3.8 Getting a copy of this Code

We will:

(a) Promote this Code;

(b) Make this Code available on request; and

(c) Advise you that the Code is available at www.afta.com.au.

3.9 Reviewing and improving this Code

(a) We will participate in any review of this Code and support the efforts of the ATAS and AFTA


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administrations in conducting such a review. In particular, we will support any forums for the exchange of views on travel agent issues, the effectiveness of this Code and of ATAS more broadly.

(b) You can assist in the review process by visiting the ATAS website and providing feedback on this

Code. Your comments will be considered as part of the next review or earlier, if appropriate.

4. INFORMATION ABOUT OUR SERVICES

4.1 Terms and conditions

(a) On request we will provide to you, or any person, as soon as practicable:

(i) Our standard terms and conditions; and

(ii) Where available, full details of any standard fees and charges that we may apply.

(b) Our terms and conditions will:

(i) Be distinguishable from marketing or promotional material;

(ii) Be in English and any other language we consider to be appropriate to our customer base;

(iii) Be consistent with this Code;

(iv) Be provided at the time of, or before you enter into a sale with us;

(v) Advise you of our obligations to protect the confidentiality of your information; and

(vi) Provide you with information about our complaints handling policy and other dispute

resolution procedures available under ATAS.

4.2 Changes to terms and conditions

(a) We will take reasonable steps to notify you as soon as possible if we intend to introduce or vary a

fee or charge, or any other of our terms or conditions

(b) We will take reasonable steps to notify you of the introduction or variation of any government

charges that may apply to our services, unless the relevant government agency has already taken

such steps.

(c) You may be notified either by an advertisement in national or local media, or otherwise in writing

no later than the day on which the variation takes effect.

4.3 Copies of documents

(a) At any time, you may ask us for a copy of a document relating to any travel arrangements that we

make on your behalf. In this instance, we will comply not only with this Code, but with any other

laws that apply to the disclosure of information – for example, the Australian Consumer Law (ACL)

and the Privacy Act 1988 (Cth).


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(b) We will provide you with a copy of a document:

(i) Within 14 days provided that the original document was generated within a period of 1

year from the request; or

(ii) Otherwise within 30 days, provided that the original document is no more than 7 years old.

(c) If you request a copy of a notice that required you to take action and our original contract with

you was discharged or terminated more than 2 years ago, we do not have to provide you with a

copy of that notice.

(d) A copy of a document provided to you under this Code may be in electronic form, or in any other

form we may agree on with you.

4.4 Privacy and confidentiality

(a) We acknowledge that, in addition to our duties under the Privacy Act 1988 (Cth) and/or other

relevant state or territory privacy legislation, we have a general duty of confidentiality towards

you, except in the following circumstances:

(i) Where we are required by law to disclose information about you; or

(ii) Where you give us express or implied consent to disclose that information.


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5. RESOLVING COMPLAINTS AND DISPUTES

ATAS has a strong focus on consumer complaint handling and dispute resolution. As a result, we are actively committed to helping you resolve any complaint or concern that you may have about the way in which we have provided our services.

5.1 Our complaints handling process

(a) As an ATAS accredited travel agent, we must have a customer complaints handling procedure,

which is:

(i) Easy and free to access; and

(ii) Complies with the Australian Standard on Complaints Handling – Customer Satisfaction,

Guidelines for Complaints Handling in organisations as described from time to time and

this Code.

(b) If you have a complaint, you can advise us by one of the following methods:

(i) Completing any feedback form that we may make available to you;

(ii) Contacting us directly via telephone, mail or email; or

(iii) In person, by speaking to a travel agent or other customer service staff.

(c) We will acknowledge your complaint within 5 days of receiving it.

(d) When lodging a complaint, we may need to request additional information from you to assist with

our investigations.

(e) We will attempt to investigate your complaint and inform you of the outcome within 21 days of

receipt. We will also maintain communication with you throughout our investigation.

(f) We may be unable to complete our investigation within the 21 day period if we are waiting for a

response from you or a third party which we have told you is required. In this case, we will:

(i) Inform you of the reasons for the delay; and

(ii) Specify a date when a decision can reasonably be expected.

(g) We will provide you with the above information in writing unless it has been mutually agreed that it can be given orally.

5.2 Handling your information

(a) Any information you provide may be recorded and used to assist us in improving our products and

services to future customers.

(b) Your personal information will at all times be stored in accordance with privacy requirements.


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5.3 Other avenues of dispute resolution

(a) You are not required to use our complaint handling process. (b) You may lodge a complaint with your local state or territory consumer affairs agency, court or

tribunal.

5.4 ATAS Complaints Escalation Process

(a) Our objective is to resolve your complaint as a point of first contact.

(b) If you are not satisfied with the outcome we have proposed, you may escalate the complaint to the ATAS Compliance Manager via the online complaint form available at atas.com.au.

5.5 Types of complaints accepted

(a) Complaints that are deemed ineligible will not be accepted by the ATAS Compliance Manager.

(b) If your complaint is not accepted by ATAS, you will be referred to your local consumer protection agency, court or tribunal.

(c) The following categories of complaints are ineligible for review under the ATAS Complaint Escalation process:

i. Does not involve an alleged breach of the ATAS Code;

ii. Where it would be unreasonable to pursue a matter that is more than 6 months old;

iii. Incident giving rise to the complaint occurred before we were an ATAS accredited member;

iv. Involves an allegation or finding of

a. Corruption;

b. Disqualification of a director;

c. Failure to pay money owing under a Court order; or

d. Trading whilst insolvent.

v. The matter would be more appropriately dealt with by a law enforcement agency, court or

tribunal;

vi. The complaint has been lodged with a law enforcement agency, court or tribunal;

vii. The complaint is seeking a claim for non-economic loss; or

viii. Is frivolous or vexatious, or is being brought for an improper purpose.


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5.6 Resolving a complaint under ATAS Please note that you are not obliged to use this process and may instead lodge a complaint with a

relevant consumer protection agency, court or tribunal.

Stage 1: Our resolution - within 21 days

We will attempt to resolve your complaint in the first instance in line with our complaint and dispute

handling processes.

When attempting to resolve your complaint we will consider all relevant circumstances and information

and inform you of our proposed action.

Stage 2: Review by ATAS Compliance Manager - within 45 days If you are not satisfied with the outcome of our proposed resolution (stage 1), you may escalate your complaint

to the ATAS Compliance Manager. If accepted, the Compliance Manager will undertake an investigation into the

complaint and will make one of the following determinations:

• Seek to resolve the matter by mutual agreement; • Find that we have already taken, or proposed to take, action that would sufficiently

resolve the complaint;

• Require us to take particular action to resolve your complaint (provided such action may reasonably be complied with);

• Find that we have not breached our obligations under the Code and close the complaint; or

• Find that we have breached the Code and refer the matter to the ATAS Complaint Appeal Committee (ACAC) for independent investigation.

You can lodge a complaint with the ATAS Compliance Manager at www.atas.com.au. Should you require

assistance please contact AFTA on 1300 363 416.

Stage 3: Review by ACAC - within 90 days

Where a complainant is not satisfied with the outcome of the review by the Compliance Manager (stage 2),

or the Compliance Manager has determined that the complaint should be referred to the ACAC for review

the ACAC will review the complaint and make a determination. A complainant must appeal to the ACAC

within 14 days of the notification of the outcome by the ATAS Compliance Manager and must do so in

writing to [email protected]

Complaint Closed

Following the review by the ACAC the complaint is closed.

If you are not satisfied with the outcome of the ACAC review (stage 3) you will be referred to your

relevant consumer protection agency, court or tribunal.

Note – You may make a complaint direct to your relevant consumer protection agency, court or tribunal at any stage, however such complaint may be ineligible for review by AFTA or the ACAC.



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ATAS Complaints Escalation Flowchart

Complaints handling under ATAS is, at all times a service provided free of charge.


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5.7 Outcomes of ATAS Complaints Escalation Process

(a) The ATAS Compliance Manager may:

(i) Seek to resolve the matter by mutual agreement;

(ii) Find that we have already taken, or proposed to take, action that would sufficiently resolve

the complaint;

(iii) Require us to take particular action to resolve your complaint (provided such action may reasonably be complied with);

(iv) Find that we have not breached our obligations under the Code and close the complaint;

(v) Find that we have breached the Code and refer the matter to the ATAS Complaint Appeal

Committee (ACAC) for independent investigation.

(b) The ATAS Compliance Manager must advise the Complainant and Participant in writing of their findings within 45 days of receiving an escalated complaint. If the ATAS Compliance Manager is unable to complete the investigation within the 45 day period, he or she will inform you of the reasons for the delay and specify a date when a decision can reasonably be expected.

(c) Where we have been required to take particular action to resolve a complaint, and the ATAS Compliance Manager becomes aware that such action has not been taken within a reasonable timeframe, the matter will be referred to the AFTA CEO. At the AFTA CEO discretion, he or she will take the appropriate action as he or she sees fit. This action may include a recommendation to the AFTA Board to cancel or suspend our accreditation for failing to comply with the ATAS Charter Eligibility Criteria and complying with a request of the ATAS Compliance Manager.

(d) The ATAS Compliance Manager will prepare a written report for the ACAC on the outcome of an escalated complaint. The ACAC’s power are provided in Attachment F ‘The ACAC Terms of Reference’.

5.8 Appeals to the ACAC

(a) You may appeal the ATAS Compliance Manager’s findings to the ACAC if you are not satisfied with the ATAS Compliance Manager’s findings.

(b) Appeals must be in writing and be received by the ACAC within 14 days of the ATAS Compliance Manager notifying you of their decision.

(c) The ACAC secretariat will provide written confirmation within 5 business days of receiving your

complaint.

5.9 ACAC’s powers

(a) Within 90 days of the date of receiving your appeal, the ACAC will investigate your complaint and notify you in writing of its findings. If the ACAC is unable to complete the investigation within


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the 90 day period, they will inform you of the reasons for the delay and specify a date when a decision can reasonably be expected.

(b) The powers and functions of the ACAC are found in the ACAC Terms of Reference at Attachment F to the ATAS Charter.

6. DEFINITIONS AND INTERPRETATIONS

In this Code any words in bold like this have the following meanings:

ACL means the Australian Consumer Law. The ACL is contained in Schedule 2 of the Competition and

Consumer Act 2010 (Cth).

ACAC means the ATAS Complaint Appeal Committee. Accreditation date means the date that we were first accredited under the ATAS scheme.

AFTA means the Australian Federation of Travel Agents Limited (ACN 001 444 275).

AFTA Board means the board of directors appointed and constituted under the Constitution of the

Australian Federation of Travel Agents Limited.

AFTA website means www.afta.com.au.

ATAS means AFTA Travel Accreditation Scheme.

ATAS website means www.atas.com.au.

Australia includes the coastal sea of each jurisdiction but does not include an external territory.

Business day means a day that is not a Saturday, a Sunday or a public holiday in Australia.

Charter means the ATAS Charter as published by AFTA, at the commencement date, as subsequently

amended from time to time.

Code and “this Code” means the ATAS Code of Conduct, as amended from time to time.

Complaint means an expression of dissatisfaction by a customer relating to travel service provided by us. Day means a calendar day.

Entity means a sole trader, partnership, trust or company (proprietary limited or limited). It does not

include independent contractors, sub-agents or branch offices.

http://www.afta.com.au/



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Standard fees and charges means fees and charges normally charged by us in respect of a travel service.

Terms and conditions means our terms and conditions that specifically apply to any travel services that

we arrange. These do not include any terms and conditions prescribed by law.

Travel arrangements means any transport, accommodation, tourist services or facilities, travel insurance,

holidays, packages, or any other products or services specifically identified as travel arrangements by the

AFTA Board, from time to time.

Travel intermediary means an entity, domiciled or incorporated in Australia, who provides a travel

service on behalf of a travel supplier. This includes, but is not limited to, a travel agent, travel

management company, aggregator, distributor, online travel agent, inbound tour operator, wholesaler

and a consolidator.

Travel service means any travel service or product we provide to you in Australia:

(a) Including any travel service or product we provide on behalf of a travel supplier, whether supplied

directly by us or through another travel intermediary; and

(b) In the case of any travel service or product that we distribute on behalf of another travel supplier or travel intermediary, extends only to our role in distributing or supplying the service or product to you and not to the service or product itself.

Travel supplier is an entity that provides transport, accommodation, tourist services or facilities, travel

insurance, holidays, packages, or any other arrangements specifically identified as travel arrangements

by the AFTA Board from time to time.

We, us and our means the ATAS travel intermediary that you deal with that has adopted this Code and its employees.

You and your means our customer (or, where this Code specifically applies to prospective customers, a

prospective customer).

A reference in this Code to any law or other binding code or standard includes any amendments made

from time to time to such a law or binding code or standard.

afta travel accreditation scheme (atas) · the australian federation of travel agents limited (acn...

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